Ibero-American broadcasters signal need for change

• Author: José Manuel Gómez Bravo
• Position: Corporate Director of Intellectual Property, PRISA
• Pages: 18-20

p. 18 2014 | 2

By José Manuel Góm ez Bravo, Corporate

Director of Intel lectual Proper ty, PRISA;

General Coordi nator of the Permanen t

Representa tion of the Alliance o f

Latin Amer ican Intellectua l Property

Broadcaste rs (ARIPI); and Presi dent of the

Internatio nal Observator y of Intellectual

Propert y (ORIPI)

In Latin America and S pain, as in other parts of the world, broadcasting is a key vehic le

for mass communications. Broadcasters not only fulll a range of public information

and education ser vices, they also create employme nt and drive the market for con-

tent creation and its distributio n across TV networks. T he new digital technologie s

that broadcasters use today are creating u nprecedented opportunities for vi ewers to

access a wide range of hig h quality content on multipl e platforms and at affo rdable

prices. These same tec hnologies, however, also leave broadcasting organ izations

exposed to huge problems of signa l piracy both within and across borders; a global

problem compounded by outdated international broadcasting rules.

The Ibero-America n Broadcasters for Copyright Alliance (A RIPI), formed in September

2011, brings together broadcasting organization s from across Latin America and Spai n.

The broadcasting compani es that make up ARIPI operate in 18 countries which share

a common language, cultural traditions and aspirations. Our aim is to highlight the

need to make sure that the international le gal framework governing b roadcasting is

updated and brought into line with pres ent-day operating realities.

THE NEED FOR A MODERN LEGAL FRAMEWORK

The international rule s currently in place, laid out in the 1961 Rome Convention for

the Protection of Performers, Produc ers of Phonograms and Broadc asting Organi-

zations belong to another era. Broadc asting has evolved beyond all recognition since

the 1960s. The prevailing international ru les do not adequately protect broadcasters

operating in today’s digitized and technologica lly advanced world. The Rom e Con-

vention, for example, only protects free-to-air transmissions. It offers no protection

with respect to transmissions via cable, the internet or mobile networks which are

now a common feature of broadcasting.

THE SCOURGE OF S IGNAL PIRACY

The broadcasting compa nies that make up ARIPI, like broadcasters el sewhere, are

facing growing problems of signal piracy. Broadcasters invest signicant resources

in making it possible for programs to reach the public. Our activities involve planning

programming schedules, securing the rights over the content we transmit and editing

and promoting it prior to transmiss ion. This is a large-scale u ndertaking involv ing

substantial nancial, logistical and technical resources. When signal piracy occurs we

are robbed of the opportun ity to get a return on our investment, for example, through

advertising. This is a particular problem when it comes to broadcasting sporting

events. We pay huge sums for the right to broadcast top-tier spo rting events, such

as the FIFA World Cup or the Olympic Games, on ly to see our returns eroded by the

unauthorized use of our broadc ast signals. On top of this, we have few effective legal

means to stop these damaging practi ces which harm not only our interests, but also

those of the sporting organ izations responsible for hosting these events who rely on

the sale of broadcasting rights a nd, ultimately, those of our viewers.

Ibero-American broadcasters

SIGNAL NEED

FOR CHANGE